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Published byCornelius Austin Modified over 9 years ago
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Challenging the cuts through strategic litigation
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What is Public Interest Litigation? PIL is a way of using the law to help vulnerable and disadvantaged groups/individuals. Impact on more than one person Being strategic: - combining tactics - working with others
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Opportunities PIL can offer Raise awareness of rights and generate public debate Ensure government/public authorities meet their obligations Challenge laws/policies/decisions/practices that violate human rights Support existing work Strategic use of resources
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Legal grounds for challenging budget cut decisions Equality duty Judicial Review grounds Human Rights Act Domestic laws/policies
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Judicial Review Judicial Review: where the court reviews the legality of acts/decisions/policies of bodies exercising public functions Usually public authorities Last resort Alternative remedies
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Grounds for Judicial Review Illegal Irrational Procedurally unfair
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Considerations in JR Standing Time limits Alternative remedies
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Role for you in Judicial Review Identify a case Sponsor NGO (apply to PILS for support) Third party intervener Provide a witness statement in a case Support a case through campaigning, policy work, lobbying, public education
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Judicial Review remedies The public body may be ordered to do something or not to do something The decision may be quashed A declaration of rights/obligations can be made by the court Injunctions can be granted Compensation is rare
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Be strategic! Consider: Issue and public authorities duty What your aim is? Can law help you achieve your aim? What is the best case to take? What the impact may be? Involves a risk analysis
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Practical tips Keep records/gather evidence Discuss ideas and options with others Get early legal advice Strategise/plan your case
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Contact Details Melissa Murray Project Manager and Solicitor The PILS Project Address: Arthur House, 41 Arthur Street, Belfast, BT1 4GB Tel: 028 90446201 Email: melissa@pilsni.org
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